Nandkumar Vasantrao Patil And Others v. The State Of Maharashtra Through Its Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1110 WRIT PETITION NO.12317 OF 2022 NANDKUMAR VASANTRAO PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioners : Bhavthankar Vivek Vasantao AGP for Respondents State: Mr. P. S. Patil

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 6th September, 2023 ORDER:

1.

The learned Advocate for the Petitioner points out Paragraph Nos.4 and 5 from the affidavit-in-reply dated 5th July, 2023 filed on behalf of Respondent Nos. 2 and 3, which read as under: "4. I say and submit that, though the respondent No.3 requested respondent No.4 to submit a fresh proposal as per the Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013 still the proposal is not received from respondent No.4. therefore the land acquisition proceeding could not be initiated.

5. I say and submit that, as soon as the office of respondent No.3 receives proposal from respondent No.4 for acquisition of land of petitioner, the acquisition proceeding would immediately be initiated and it will be completed as per the

1110wp12317-22 provisions of the Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013."

2.

In view of the above, the learned Advocate for the Petitioner submits that this Petition can be disposed off. As such, this Petition is disposed off in the light of Paragraph Nos. 4 and 5. 3.

We expect that, if a proposal is yet to be tendered, the same shall be done within 60 days and thereafter, the timeline as is prescribed in the 2013 Act shall be followed. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan